Order Re: Discovery Dispute  🔗 **Source:** [Order Re: Discovery Dispute](https://readwise.io/reader/document_raw_content/449370028) 📄 **Full text:** ![[Full Document Contents/Articles/Order Re Discovery Dispute.md|Order Re: Discovery Dispute by U.S. District Court]] ## Highlights - WPE plausibly contends that Mr. Mullenweg—at least in his own capacity, and potentially as an officer and agent of Automattic—has deleted relevant documents or allowed such documents to be deleted after an obligation to preserve was triggered. These allegations, particularly when taken together, are concerning. ([View Highlight](https://read.readwise.io/read/01kqcwvnx117mf6eqn53aa229s)) - what matters is what was allegedly deleted or left unpreserved ([View Highlight](https://read.readwise.io/read/01kqcww08f8n5ed51g3fy4hzv4)) - It is not clear how or why WPE was expected to know such information. And the parenthetical carve-out for communications “(prior to this lawsuit being filed)” is potentially a significant concession. Id. ([View Highlight](https://read.readwise.io/read/01kqcwy8sy38qqra32af0tm1yw)) - Accordingly, the Court orders Defendants to provide a sworn declaration from Mr. Mullenweg and/or counsel or someone working at the direction of counsel, as appropriate (depending on who possessed the relevant knowledge) detailing: (a) the dates and extent of Mr. Mullenweg’s usage of WhatsApp, Signal and Telegram for communications relevant to this litigation; (b) what steps he took to preserve communications from each platform and when; (c) whether any auto-delete or disappearing messages features were enabled during the relevant preservation period; (d) the date ranges of any preserved communications from each platform; (e) the date ranges for any deleted communications from each platform; ([View Highlight](https://read.readwise.io/read/01kqcwznw6rax39hc2ev9mfd83)) - (f) the preservation status of Mr. Mullenweg’s X.com direct messages, as well as any screenshots from Post Status Slack that counsel claims to have captured; and (g) an explanation for what happened with respect to: (i) the alleged disappearing messages on Signal, (ii) the alleged deletion of X.com posts, (iii) the alleged deletion of the Slack channel, and (iv) the alleged deletion of plug-in reviews from wordpress.org. ([View Highlight](https://read.readwise.io/read/01kqcwztbchvvtrctjtz6weeay)) - The declaration(s) should be produced at least four business days before Mr. Mullenweg’s deposition. ([View Highlight](https://read.readwise.io/read/01kqcx00fvmjfhrq3g2v2wdpwh)) - ti ([View Highlight](https://read.readwise.io/read/01kqcx010anw0g26a13z6cqp3a))